BILL NUMBER: AB 1037 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member V. Manuel Pérez
FEBRUARY 22, 2013
An act to amend Section 17021.6 of the Health and Safety Code,
relating to employee housing.
LEGISLATIVE COUNSEL'S DIGEST
AB 1037, as introduced, V. Manuel Pérez. Employee Housing Act:
agricultural land use.
The Employee Housing Act requires a person operating employee
housing to obtain a permit to operate that housing from the agency
that enforces the act, which can either be the Department of Housing
and Community Development or a city, county, or city and county that
assumes responsibility for enforcing the act. The act designates any
employee housing consisting of no more than 36 beds in a group
quarters or 12 units of spaces designed for use by a single family or
household as an agricultural land use, and exempts that housing from
specified land use regulations of a local government and specified
taxes and fees.
This bill would designate as an agricultural land use any employee
housing consisting of no more than 36 beds in a group quarters, 12
units or spaces designed for use by single families or households, or
48 units or spaces operated by a governmental or nonprofit agency
and designed for use by single families or households.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 17021.6 of the Health and Safety Code is
amended to read:
17021.6. (a) The owner of any employee housing who has qualified
or intends to qualify for a permit to operate pursuant to this part
may invoke this section.
(b) Any employee housing consisting of no more than 36 beds in a
group quarters or quarters, 12 units or
spaces designed for use by a single
family or household families or households,
or 48 units or spaces operated by a governmental or nonprofit agency
and designed for use by single families or households shall be
deemed an agricultural land use for the purposes of this section.
For the purpose of all local ordinances, employee housing shall not
be deemed a use that implies that the employee housing is an activity
that differs in any other way from an agricultural use. No
conditional use permit, zoning variance, or other zoning clearance
shall be required of this employee housing that is not required of
any other agricultural activity in the same zone. The permitted
occupancy in employee housing in a zone allowing agricultural uses
shall include agricultural employees who do not work on the property
where the employee housing is located.
(c) Except as otherwise provided in this part, employee housing
consisting of no more than 36 beds in a group quarters or
quarters, 12 units or spaces designed for use by
a single family or household
families or households, or 48 units or spaces
operated by a governmental or nonprofit agency and designed for use
by single families or households shall not be subject to any
business taxes, local registration fees, use permit fees, or other
fees to which other agricultural activities in the same zone are not
likewise subject. This subdivision does not forbid the imposition of
local property taxes, fees for water services and garbage collection,
fees for normal inspections, local bond assessments, and other fees,
charges, and assessments to which other agricultural activities in
the same zone are likewise subject. Neither the State Fire Marshal
nor any local public entity shall charge any fee to the owner,
operator, or any resident for enforcing fire inspection regulation
pursuant to state law or regulations or local ordinance, with respect
to employee housing consisting of no more than 36 beds in a group
quarters or quarters, 12 units or
spaces designed for use by a single
family or household families or households, or 48
units or spaces operated by a governmental or nonprofit
agency and designed for use by single families or households .
(d) For the purposes of any contract, deed, or covenant for the
transfer of real property, employee housing consisting of no more
than 36 beds in a group quarters or quarters,
12 units or spaces designed for use by a
single family or household families or
households, or 48 units or spaces operated by a governmental or
nonprofit agency and designed for use by single families or
households shall be considered an agricultural use of property,
notwithstanding any disclaimers to the contrary. For purposes of
this section, "employee housing" includes employee housing defined in
subdivision (b) of Section 17008, even if the housing accommodations
or property are not located in a rural area, as defined by Section
50101.
(e) The Legislature hereby declares that it is the policy of this
state that each county and city shall permit and encourage the
development and use of sufficient numbers and types of employee
housing facilities as are commensurate with local need. This section
shall apply equally to any charter city, general law city, county,
city and county, district, and any other local public entity.
(f) If any owner who invokes the provisions of this section fails
to maintain a permit to operate pursuant to this part throughout the
first 10 consecutive years following the issuance of the original
certificate of occupancy, both of the following shall occur:
(1) The enforcement agency shall notify the appropriate local
government entity.
(2) The public agency that has waived any taxes, fees,
assessments, or charges for employee housing pursuant to this section
may recover the amount of those taxes, fees, assessments, or charges
from the landowner, less 10 percent of that amount for each year
that a valid permit has been maintained.
(g) Subdivision (f) shall not apply to an owner of any
prospective, planned, or unfinished employee housing facility who has
applied to the appropriate state and local public entities for a
permit to construct or operate pursuant to this part prior to January
1, 1996.